A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 20, 2010, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On September 24, 2015, the Defendant received a summary order of KRW 5 million for the same crime from the Seoul Southern Southern District Court.

On January 1, 2019, the Defendant violated the duty of prohibition of driving under the influence of alcohol twice, and once again, driven Cenz motor vehicles in approximately 10km section from the front of Gangseo-gu Seoul apartment to the front of the Yeongdeungpo-gu Military Road located in Yeongdeungpopodong, Yeongdeungpo-gu, Seoul, in the state of under the influence of alcohol 0.238% at around 09:10 on January 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act (0.238%), three million won (0.250% of a fine for drunk driving in 2010), five million won of a fine for refusing to measure drinking in 2012, five million won of a fine for drunk driving in 2015 (0.190% of a fine for drunk driving in 2015), the risk of repeating a crime, and reflect, etc. shall be determined with the same sentence as the order, taking into consideration all the conditions of sentencing specified in the argument of the instant case, such as the reason for sentencing under Article 62-2 of the Social Service Order Act (0.238% of a fine for

It is so decided as per Disposition for the above reasons.